Article 142

Article 142: Recently, the Vice-President criticized Article 142 as a "nuclear missile against democratic forces", especially after its use in the Tamil Nadu Governor's case.

• About Article 142:

o Constitutional Provision: Article 142 empowers the Supreme Court to pass any order or decree necessary for complete justice in any pending case.

o Nature of Power: It is a discretionary and unique power given only to the Supreme Court.

o Concept of Complete Justice: It allows justice beyond technicalities by filling legislative gaps, and interpreting or overriding laws to protect constitutional values, fundamental rights, and social welfare.

o Framers’ Intention: Dr. B.R. Ambedkar and other framers intentionally entrusted this extraordinary power solely to the apex court.

o Judicial Evolution: Jurisprudence under Article 142 has evolved over 50+ years, with the Court maintaining self-imposed limits.

o Role in Democracy: Article 142 elevates the Supreme Court as the guardian of the Constitution, enabling intervention in cases of public interest, human rights, or democratic breakdown.

o Democratic Strengthening: It strengthens democracy by protecting minority rights, ensuring equality before law, and checking executive and legislative overreach.

o Judicial Innovation: The Article allows the Court to create guidelines and direct government authorities in matters involving public interest and constitutional values.

o Concerns Raised: Lack of a clear definition of “complete justice” can cause subjectivity, inconsistent rulings, and unaccountable discretion.

o Basic Structure Doctrine: These concerns raise issues under the basic structure, particularly regarding separation of powers.